First Substitute H.B. 375

This document includes House Committee Amendments incorporated into the bill on Mon, Feb 19, 2007 at 10:02 AM by jeyring. --> This document includes House Floor Amendments incorporated into the bill on Tue, Feb 27, 2007 at 2:47 PM by jeyring. --> This document includes House Floor Amendments (CORRECTED) incorporated into the bill on Wed, Feb 28, 2007 at 4:20 PM by jeyring. -->

Representative Gregory H. Hughes proposes the following substitute bill:

1 SEX OFFENDER RESTRICTIONS
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Gregory H. Hughes
5 Senate Sponsor: Margaret Dayton
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Code of Criminal Procedure to limit where persons may be if they
10 are sex offenders against children and defines these restricted areas and places.
11 Highlighted Provisions:
12 This bill:
13 . increases the penalties for lewdness offenses committed by a sex offender; and
14 . restricts locations where offenders convicted of specified sex offenses may be, with
15 certain exceptions.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 76-9-702, as last amended by Chapter 325, Laws of Utah 2003
23 76-9-702.5, as last amended by Chapter 325, Laws of Utah 2003
24 ENACTS:
25 77-27-21.7, Utah Code Annotated 1953

26
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 76-9-702 is amended to read:
29 76-9-702. Lewdness -- Sexual battery -- Public urination.
30 (1) A person is guilty of lewdness if the person under circumstances not amounting to
31 rape, object rape, forcible sodomy, forcible sexual abuse, aggravated sexual assault, or an
32 attempt to commit any of these offenses, performs any of the following acts in a public place or
33 under circumstances which the person should know will likely cause affront or alarm to, on, or
34 in the presence of another who is 14 years of age or older:
35 (a) an act of sexual intercourse or sodomy;
36 (b) exposes his or her genitals, the female breast below the top of the areola, the
37 buttocks, the anus, or the pubic area;
38 (c) masturbates; or
39 (d) any other act of lewdness.
40 (2) (a) Lewdness is a class B misdemeanor.
41 (b) Lewdness is a class A misdemeanor if the person is a sex offender as defined in
42 Section 77-27-21.7 .
43 (3) A person is guilty of sexual battery if the person under circumstances not
44 amounting to rape, rape of a child, object rape, object rape of a child, forcible sodomy, sodomy
45 upon a child, forcible sexual abuse, sexual abuse of a child, aggravated sexual abuse of a child,
46 aggravated sexual assault, or an attempt to commit any of these offenses intentionally touches,
47 whether or not through clothing, the anus, buttocks, or any part of the genitals of another
48 person, or the breast of a female, and the actor's conduct is under circumstances the actor
49 knows or should know will likely cause affront or alarm to the person touched.
50 (4) Sexual battery is a class A misdemeanor.
51 (5) A person is guilty of public urination if the person urinates or defecates:
52 (a) in a public place, other than a public rest room; and
53 (b) under circumstances which the person should know will likely cause affront or
54 alarm to another.
55 (6) Public urination is a class C misdemeanor.
56 (7) A woman's breast feeding, including breast feeding in any location where the

57 woman otherwise may rightfully be, does not under any circumstance constitute a lewd or
58 grossly lewd act, irrespective of whether or not the breast is covered during or incidental to
59 feeding.
60 Section 2. Section 76-9-702.5 is amended to read:
61 76-9-702.5. Lewdness involving a child.
62 (1) A person is guilty of lewdness involving a child if the person under circumstances
63 not amounting to rape of a child, object rape of a child, sodomy upon a child, sexual abuse of a
64 child, aggravated sexual abuse of a child, or an attempt to commit any of those offenses,
65 intentionally or knowingly does any of the following to, or in the presence of a child who is
66 under 14 years of age:
67 (a) performs an act of sexual intercourse or sodomy;
68 (b) exposes his or her genitals, the female breast below the top of the areola, the
69 buttocks, the anus, or the pubic area:
70 (i) in a public place; or
71 (ii) in a private place:
72 (A) under circumstances the person should know will likely cause affront or alarm; or
73 (B) with the intent to arouse or gratify the sexual desire of the actor or the child;
74 (c) masturbates;
75 (d) under circumstances not amounting to sexual exploitation of a child under Section
76 76-5a-3 , causes a child under the age of 14 years to expose his or her genitals, anus, or breast,
77 if female, to the actor, with the intent to arouse or gratify the sexual desire of the actor or the
78 child; or
79 (e) performs any other act of lewdness.
80 (2) (a) Lewdness involving a child is a class A misdemeanor, except under Subsection
81 (2)(b).
82 (b) Lewdness involving a child is a third degree felony if the person is a sex offender as
83 defined in Section 77-27-21.7 .
84 Section 3. Section 77-27-21.7 is enacted to read:
85 77-27-21.7. Sex Offender Restrictions.
86 (1) As used in this section:
87 (a) "Protected area" means the premises H. [ of ] occupied by .H :

88 (i) any licensed day care or preschool facility;
89 (ii) a swimming pool that is open to the public;
90 (iii) a public or private primary or secondary school that is not on the grounds of a
91 correctional facility;
92 H. [ (iv) a trade school in which persons younger than 18 years of age enroll, and that is not
93 on the grounds of a correctional facility; ] .H
94 H. [ (v) ] (iv) .H a community park that is open to the public; and
95 H. [ (vi) ] (v) .H a playground that is open to the public, including those areas designed
95a to provide
96 children space, recreational equipment, or other amenities intended to allow children to engage
97 in physical activity.
97a H. (b)(i) Except under Subsection (1)(b)(ii), "protected area" also includes any area that is
97b 1,000 feet or less from the residence of a victim of the sex offender's offense under Subsection
97c (1)(c) if:
97d (A) the sex offender is on probation or parole for an offense under Subsection (1)(c);
97e (B) the victim or the victim's parent or guardian has advised the Department of
97f Corrections that the victim desires that the sex offender be restricted from the area under this
97g Subsection (1)(b)(i) and authorizes the Department of Corrections to advise the sex offender of
97h the area where the victim resides for purposes of this Subsection (1)(b); and
97i (C) the Department of Corrections has notified the sex offender in writing that the sex
97j offender is prohibited from being in the protected area under Subsection (1)(b)(i) and has also
97k provided a description of the location of the protected area to the sex offender.
97l (ii) "Protected area" under Subsection (1)(b)(i) does not apply to the residence and area
97m surrounding the residence of a victim if:
97n (A) the victim is a member of the immediate family of the sex offender; and
97o (B) the terms of the sex offender's agreement of probation or parole allow the sex
97p offender to reside in the same residence as the victim.
98 [ (b) ] (c) .H "Sex offender" means an adult or juvenile H. who is required to
98a2 register .H under H. [ Subsection
98a1 77-27-21.5 (2)(f) ]
98a [ Subsection 77-27-21.5(1)(f) ] Section 77-27-21.5 .H due to
99 a conviction for any offense H. [ listed under Subsection 77-27-21.5 (1)(f) ] .H that is committed
99a against
100 a person younger than 18 years of age.
101 (2) It is a class A misdemeanor for any sex offender to be in any protected area on foot

102 or in or on any vehicle, including vehicles that are not motorized, except for H. :
102a (a) .H those specific
103 periods of time when the sex offender must be present within a protected area in order to carry
104 out necessary parental responsibilities H. [ . ] ;
104a (b) when the protected area is:
104b (i) a school building under Subsection (1)(a)(iii); and
104c (ii) the school building is being open for or being used for a public activity; and
104d (iii) the school building is not being used for any school-related function that involves
104e persons younger than 18 years of age; or
104f (c) when the protected area is:
104g (i) a licensed day care or preschool facility under Subsection (1)(a)(i); and
104h (ii) the facility is located within a building that is open to the public for purposes,
104i services, or functions that are operated separately from the day care or preschool facility
104j located in the building, except that the sex offender may not be in any part of the building
104k occupied by the day care or preschool facility. .H